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General Terms and Conditions (GTC)

SkyPergola – Aluminium Pergola Systems

1. Scope of Application

The following General Terms and Conditions (GTC) form an integral part of all contracts between SkyPergola (hereinafter “SkyPergola”) and the contracting party (hereinafter “Customer”).

They apply to all contractual relationships, regardless of whether the contract is concluded via our websites (in particular www.skypergola.ch or online marketplaces), in the showroom, by e-mail, by telephone or within the scope of a personal consultation.

These GTC apply in the version valid at the time the contract is concluded and take precedence over any terms and conditions of the Customer.

Individual agreements must be made in writing to be valid.

2. Conclusion of Contract

A contract is concluded as soon as the Customer accepts an offer in writing (by e-mail or signed), completes an order via the online shop, or receives a written order confirmation from SkyPergola.

If a written order confirmation is sent to the Customer by e-mail and the Customer does not give written notice of withdrawal or objection within 14 calendar days, the contract is automatically deemed to be validly accepted.

The order confirmation alone is decisive for the scope and execution.

3. Prices and Offers

Catalogue and list prices are guide prices and may be adjusted at any time. Offers are valid for 14 days, unless otherwise agreed in writing.

Assembly, delivery and additional costs are shown separately.

4. Standard Pergola and Custom-Made Pergola

A pergola is considered a standard model if the following criteria are met: standard size (3×3 m to 7×7 m, full metres only), standard height 2.52 m, colour RAL 7016 Anthracite, and free-standing design. In this case, the delivery time is usually 2–3 working days ex stock.

A pergola is considered a custom-made product if at least one of the following criteria applies: special size, special height, colour White (RAL 9016) or another special colour, wall mounting or other structural modifications. In this case, the delivery time is approximately 3½ months from the order. Custom-made products are excluded from withdrawal.

5. Changes and Cancellations

Changes or cancellations for stock items are possible within 14 days of conclusion of the contract. Custom-made products can neither be changed nor cancelled once production has started.

Returns of defect-free stock goods are only possible with prior written consent from SkyPergola. In this case, a credit of a maximum of 80% of the sales price is granted. Shipping costs are borne by the Customer.

6. Delivery, Collection and Assembly

Delivery is made by freight forwarder to the address specified by the Customer or to an agreed collection warehouse. Delivery is made to the kerbside or parking area. Carrying the goods into the premises is not part of the delivery.

Delivery dates are non-binding. Claims for damages due to delivery delays are excluded.

If assembly has been agreed, one journey to the site is included in the agreed price. Further journeys are charged separately. The Customer is obliged to ensure that the foundations are correctly prepared, the ground is level and load-bearing, a power connection is prepared, and access to the construction site is guaranteed.

Additional costs arising from insufficient preparation are invoiced separately.

Obtaining all permits (municipality, neighbours, landlord, etc.) is the sole responsibility of the Customer. The absence of a permit has no effect on the validity of the contract.

7. Terms of Payment

Private customers generally make a 50% down payment upon order and a 50% final payment before delivery or assembly. Different payment models can be agreed in writing.

All invoices are payable net within 10 days.

Accepted payment methods are bank transfer, EC card, credit card, Twint or purchase on invoice via an external payment provider.

8. Reservation of Title

The delivered pergola remains the property of SkyPergola until all claims have been paid in full.

SkyPergola is entitled to have the reservation of title entered in the competent register at the Customer's expense.

9. Transfer of Benefit and Risk

In the case of delivery, benefit and risk pass to the Customer upon leaving the warehouse. In the case of agreed assembly, the transfer takes place upon acceptance by the Customer.

10. Inspection and Notice of Defects

The Customer must inspect the goods immediately upon receipt. Transport damage must be reported to the carrier immediately and additionally notified in writing to SkyPergola within 5 working days.

Transport damage reported later cannot be taken into account.

11. Warranty

SkyPergola grants the following warranty periods: 10 years on the aluminium construction, 4 years on moving parts and 2 years on electrical components.

The warranty is limited to repair, replacement, price reduction or refund. There is no entitlement to a new delivery.

Damage caused by normal wear and tear, improper assembly, tampering, force majeure or storm damage is excluded from the warranty. Warranty work is only carried out on the freely accessible product.

12. Exclusion of Liability

Any further liability for direct or indirect damage is excluded to the extent permitted by law.

Minor deviations in colour, structure or dimensions are deemed accepted, provided that fitness for use is not significantly impaired.

13. Right of Withdrawal of SkyPergola

SkyPergola is entitled to withdraw from the contract in the event of default of payment, insolvency, ongoing debt-collection proceedings or other significant economic risks of the Customer. In this case, all claims become immediately due.

14. Data Protection

Personal data is used exclusively for the processing of the contract and customer communication. The Customer may at any time request information about, correction of, or deletion of their data.